ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 120

About approval of Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination

According to item 4 of article 13 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination.

2. To provide to the center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order and its official publication;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2013 No. 288 "About approval of Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination" (registered in the Register of state registration of regulatory legal acts for No. 8728, No. 319 published in the Kazakhstanskaya Pravda newspaper of November 20, 2013 (27593).

4. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 27, 2015 No. 120

Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination

1. General provisions

1. These rules of acceptance of qualification examinations on the right of production of certain type of judicial examination (further - Rules) are developed for assignment of qualification of the court expert according to item 4 of article 13 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law) and determine procedure for acceptance of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination.

2. Assignment of qualification of the court expert on the right of production of certain type of judicial examination (further - qualification of the court expert) is performed by passing of qualification examination by the applicant with issue of the certificate of competency for the right of production of certain type of judicial examination.

3. The list of the court experts who are subject to passing qualification examination and the schedule of passing qualification examination affirms heads of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan.

4. For passing qualification examination applicants represent to bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry) the following documents:

1) the statement in form according to appendix 1 to these rules;

2) the copy of the diploma about the higher education with appendix (in the presence of academic degree and academic status - the copy of diplomas with appendices);

3) response following the results of special professional training or the copy of the document on retraining passing;

4) data in form according to appendix 2 to these rules.

5. The applicant for assignment of qualification of the court expert is notified on date of delivery of qualification examination in one month prior to acceptance of qualification examinations.

2. Procedure for holding qualification examination

6. Qualification examinations are carried out in 2 steps, in the state and Russian languages at the choice of the applicant:

1) computer testing: 100 questions for court experts and 50 questions for court experts of medicolegal, judicial and narcological specialties;

for court experts - on criminal procedure law (20 questions), law of civil procedure (20 questions), criminalistics (20 questions), the administrative right (20 questions), the Law (20 questions);

for court experts of medicolegal specialty - on the mastered specialty (50 questions);

for court experts of judicial and narcological specialty - on the mastered specialty (50 questions);

2) examination:

for court experts - under examination cards by certain type of judicial examination which includes three questions;

for court experts of medicolegal, judicial and narcological specialties - in the form of oral interview. In case of oral interview to the applicant no more than 5 questions in the specialty are set.

7. Applicants are allowed to computer testing in case of presentation of the identity document.

Time of computer testing is estimated at the rate of 1 minute on 1 question.

During passing qualification examinations applicants cannot exchange words. Use by the applicant of auxiliary documents (reference, special books), means of communication, and also any records on the electronic medium is not allowed.

8. Threshold level of passing of computer testing for court experts constitutes 70% and more correct answers from total number of questions.

Calculation of results of computer testing is made automatically, the computer program. Results are unpacked in duplicate, one of which is issued to the applicant, the second copy with the signature of the applicant is stored in qualification case of the applicant.

If the number of the correct answers makes less than 70% of total number of questions, the applicant for assignment of qualification of the court expert (including additional), is not allowed to the following stage of qualification examination.

9. During the examination under examination cards, in case of affirmative answer on two and more questions, person applying for assignment of qualification of the court expert (including additional), it is considered passed examination.

During the examination in the form of oral interview, in case of affirmative answer on 2/3 asked questions, person applying for assignment of qualification of the court expert of medicolegal, judicial and narcological specialties (including additional), is considered passed examination.

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